Section 325.70108. Medical surveillance

(1) An employer shall provide  all   employees  who  work with hazardous chemicals an opportunity to receive the following medical attention, including any follow-up examinations which the examining physician determines to be necessary:

(a)        When an employee develops signs or symptoms that are associated with a hazardous chemical to which the employee may have been exposed in the laboratory, the employee shall be provided an opportunity to receive an appropriate medical examination.

(b)     If  exposure   monitoring reveals  an  exposure  level   that   is routinely above the action level or, in the absence of an action level, the PEL for a MIOSHA-regulated substance for which there are exposure monitoring and medical surveillance requirements, medical surveillance shall be established for the affected employee as prescribed by the particular standard.

(c)       When an event takes place in the work areas, such as a spill, leak, explosion, or other occurrence that results in the likelihood of  a hazardous   exposure, the affected  employee  shall  be  provided  an opportunity  for  a medical consultation.  Such  consultation   shall  be for  the  purpose   of determining the need for a medical examination.

(2)     All medical examinations and consultations shall be performed by or under the direct supervision of a licensed physician who is familiar with the general health effects of  hazardous   chemicals  and  sources  of specific information on such effects  and shall be provided without cost to the employee, without loss of pay, and at a reasonable time and place.

(3)        An employer shall provide all of the  following  information  to the physician:

(a)       The identity of the hazardous chemical or  chemicals  to  which the employee may have been exposed.

(b)      A description of the conditions under which  the  exposure occurred, including quantitative exposure data, if available.

(c)     A description of the signs and symptoms of exposure that the employee is experiencing, if any.

(4)     For examination or consultation that is required under this rule, an employer shall obtain a written opinion from the examining physician. The opinion shall include all of the following:

(a)     Any recommendation for further medical follow-up.

(b)     The results of the medical examination and any associated tests.

(c)     Any medical condition revealed in the course of the examination which may place the employee at increased risk as a result  of  exposure to  a hazardous chemical that is found in the workplace.

(d)      A statement that the employee has been informed by the physician of the results of the consultation or medical examination  and  any  medical condition that may require further examination or treatment.

(5)      The written opinion shall not reveal specific findings of diagnoses unrelated to occupational exposure.

History: 1992 AACS; 2003 AACS.